NAIJA NEWS
The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against Senate President, Godswill Akpabio and Speaker of the House of Representatives, Tajudeen Abbas.
Naija News reports that the lawsuit, filed against the Senate President and Speaker of the House of Representatives, challenges the alleged unlawful practice of the National Assembly setting its own allowances and running costs without transparency or accountability.
The lawsuit follows allegations made by former President Olusegun Obasanjo that lawmakers have been fixing their own salaries and allowances, disregarding the recommendations of the Revenue Mobilisation Fiscal Allocation Commission (RMAFC).
In the suit, numbered FHC/ABJ/CS/1289/2024 and filed last Friday at the Federal High Court in Abuja, SERAP is seeking an order to compel Akpabio and Abbas to end the practice of the National Assembly determining its remuneration and allowances, termed as “running costs.”
The organization is also calling for the disclosure of the exact amount of monthly running costs paid to lawmakers and a detailed account of how these funds are spent.
SERAP argues that the practice of paying running costs into the personal accounts of lawmakers violates Rule 713 of the Federal Government Financial Regulations, which prohibits the payment of public money into private bank accounts.
The organization further contends that this practice is a breach of the Nigerian Constitution and the United Nations Convention against Corruption, to which Nigeria is a signatory.
The suit also emphasizes the constitutional oath of office taken by lawmakers, which requires them to act transparently and accountably, ensuring that their actions serve the public interest rather than personal gain.
SERAP asserts that the reported practice of lawmakers fixing their own salaries and allowances undermines public trust in the National Assembly and is inconsistent with the principles of good governance.
SERAP is also calling for any misused or mismanaged running costs to be accounted for and returned, arguing that such actions would restore public confidence in democratic institutions and strengthen the rule of law.
The organization is seeking an order to compel Akpabio and Abbas to refer allegations of misuse of running costs to appropriate anti-corruption agencies for investigation and possible prosecution.
The lawsuit highlights the need for public officials, including lawmakers, to uphold the highest standards of integrity and accountability in the management of public resources. It also stresses the importance of transparency in the use of taxpayer money, arguing that Nigerians have a right to scrutinize how their lawmakers spend public funds.
The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare, Andrew Nwankwo, and Ms Blessing Ogwuche, read in part: “Directing and compelling the lawmakers to account for and return any misused or mismanaged running costs they collected would build trust in democratic institutions and strengthen the rule of law.
“SERAP is seeking: an order of mandamus to direct and compel Mr Akpabio and Mr Abbas to refer the allegations on the misuse of the running costs received by members to appropriate anticorruption agencies for investigation and prosecution where there is relevant admissible evidence.
“The country’s international legal obligations especially under the UN Convention against Corruption impose a legal commitment on public officials including lawmakers to discharge a public duty truthfully and faithfully.
“The convention specifically in paragraph 1 of article 8 requires members to promote integrity, honesty and responsibility in the management of public resources.
“Nigerians have a right to scrutinize how their lawmakers spend their tax money and the commonwealth. Nigerians also have a right to honest and faithful performance by their public officials including lawmakers.
“Ending the reported practice by lawmakers of fixing their salaries, allowances and running costs would improve public confidence in the integrity and honesty of the National Assembly.
“Constitutional oath of office requires public officials including lawmakers to abstain from all improper acts, such as fixing their own salaries, allowances and running costs, that are inconsistent with the public trust.
“It is a travesty and a fundamental breach of their fiduciary duties for members of the National Assembly to fix their own salaries, allowances and running costs.
“Rule 713 of the Federal Government Financial Regulations provides: ‘Personal money shall in no circumstances be paid into a government bank account, nor shall any public money be paid into a private bank account.’
“In the Seventh Schedule to the Nigerian Constitution, lawmakers commit to strive to ‘preserve the Fundamental Objectives and Directive Principles of State Policy contained in the Constitution’, [and to] perform their ‘functions honestly, faithfully’, to act ‘always in the interest of the well-being and prosperity of Nigeria’.
“Lawmakers also commit to ‘preserve, protect and defend the Constitution of Nigeria; and abide by the Code of Conduct contained in the Fifth Schedule to the Constitution.’
“SERAP notes that Section 15(5) of the Nigerian Constitution requires public institutions to abolish all corrupt practices and abuse of power. Section 16(2) of the Nigerian Constitution further provides that, ‘the material resources of the nation are harnessed and distributed as best as possible to serve the common good.’
